Citation Nr: 20005585 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 16-00 422 DATE: January 23, 2020 REMANDED Entitlement to service connection for a right arm/elbow disability is remanded. Entitlement to service connection for a left arm/elbow disability is remanded. Entitlement to service connection for a right wrist disability is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served active duty in the United States Army from August 1977 to December 1977. In February 2019, the Veteran testified before the undersigned Veterans Law Judge at a Travel Board hearing. A copy of the transcript has been associated with the claims file. In September 2019, the Board remanded the appeal for further development. 1. Service connection for a right arm/elbow disability is remanded. 2. Service connection for a left arm/elbow disability is remanded. 3. Service connection for a right wrist disability is remanded. 4. Service connection for hypertension is remanded. 5. Service connection for a lumbar spine disability is remanded. The Veteran contends that his right arm disability, left arm disability, right wrist disability, lumbar spine disability, and hypertension are due to his service-connected bilateral knees, hips and ankles. In a September 2019 Board remand, the Board directives instructed that the Veteran be scheduled for a VA examination to determine the nature and etiology of his claimed disabilities. In September 2019, an examiner provided a set of addendum opinions regarding the aforementioned disabilities. The Board notes that the Veteran was not scheduled for examination; rather, the opinions were based on review of the file. Additionally, the examiner only provided opinions on whether the disabilities were due to his service-connected bilateral knees, hips, and ankles. No opinions were provided regarding whether his claimed disabilities were aggravated by his service-connected bilateral knees, hips, and ankles. The Board finds that the originating agency failed to substantially comply with the September 2019 remand directives. Such noncompliance is error on the part of the originating agency. Moreover, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, the Board must once again remand the matter for compliance. The matters are REMANDED for the following action: Schedule the Veteran with the appropriate examiner(s) to determine the nature and etiology of the Veteran’s hypertension, right arm/elbow disability, left arm/elbow disability, right wrist disability and lumbar spine disability. The examiner(s) should receive a copy of this remand and review the Veteran’s file. Based on examination and review of the record, the examiner(s) should address the following: a. Whether it is at least as likely as not that the Veteran’s hypertension is proximately due to or aggravated by the Veteran’s service-connected knees, hips and/or ankles, to include arthritis. b. Whether it is at least as likely as not that the Veteran’s right and left arm/elbow disabilities are proximately due to or aggravated by the Veteran’s service-connected knees, hips and/or ankles, to include arthritis. c. Whether it is at least as likely as not that the Veteran’s right wrist disability is proximately due to or aggravated by the Veteran’s service-connected knees, hips and/or ankles, to include arthritis. d. Whether it is at least as likely as not that the Veteran’s lumbar spine disability is proximately due to or aggravated by the Veteran’s service-connected knees, hips and/or ankles, to include arthritis. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ford The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.